January 2, 2024 - 6:00 PM - Board of Commissioners Rezoning Agenda

10 PUBLIC NOTICE OF COUNTY BOARD MEETING January 2 , 2024 6 00 pm The Johnston County Board of Commissioners will meet in Regular Session on Tuesday , January 2 , 2024 at 6 00 pm or as soon thereafter as possible in the Commissioners Meeting Room located in the Johnston County Courthouse at 207 E Johnston Street , Smithfield , NC The purpose of the meeting is to transact business as presented during the meeting Auxiliary aids for the handicapped will be made available upon reasonable notice Citizens that would like to address the Board for Public Comment or any of the cases listed below but have concerns with physically attending the meeting , may email those comments to Clerk to the Board Dana Cuddington at danacuddington @ johnstonnccom The meeting will also be livestreamed through YouTube at https wwwyoutubecom jocogovnc 1 Approval Discussion of Agenda 2 Public Comments 3 Public Hearing - Proposed Road Name Change - portion of NC Hwy 42 4 4 Public Hearings Rezoning Conditional Use Requests CASE 23 - 22 - Applicant George Barnes - Glandon Forest Equity 6 CASE 23 - 23 - Applicant Blake Gotliffe 22 CASE 23 - 24 - Applicant Profile Construction , Inc 37 5 Manager Reports and Comments 6 Board Reports and Comments Page 1 of 56PageJanuary 2 , 2024 6 00 pm 1 Approval Discussion of Agenda 2 Public Comments 3 Public Hearing - Proposed road name change - Portion of NC Hwy 42 The purpose of the public hearing is to allow for public comment on the proposed road name change of a portion of NC Hwy 42 due to the North Carolina Department of Transportation's NC Hwy 36 conversion project 4 Public Hearings Rezoning Conditional Use Requests After each rezoning case is heard , which is a legislative public hearing , the hearing will be recessed and the Board will render a decision CASE 23 - 22 REZONING PETITION CONDITIONAL ZONING REQUEST Petition to rezone 213 acres located at 100 & 104 Skyline Drive in Pleasant Grove Township from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 13C03047J & 13C03047I Owner DKY Properties , LLC Applicant George Barnes - Glandon Forest Equity Conditional Zoning Request Commercial Retail Dollar General Store The Planning Board recommends DENIAL of the Rezoning request and submits to the Board of Commissioners a proposed Statement for denial Fact Sheet includes conditions Planning Board Minutes Application Site Plan Zoning Map Aerial Map Photos Proposed Statement of Consistency for Denial from Planning Board CASE 23 - 23 REZONING PETITION CONDITIONAL ZONING REQUEST Petition to rezone 40 acres located at 1921 Polenta Road in Cleveland Township from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 06G06016I Owner Michael & Bethany Chapin Applicant Blake Gotliffe Conditional Zoning Request Wedding and Events venue The Planning Board recommends APPROVAL of the Rezoning request and submits to the Board of Commissioners a proposed Statement of Consistency for adoption along with proposed Conditional Zoning District conditions Fact Sheet includes conditions Planning Board Minutes Application Site Plan Zoning Map Aerial Map Photos Proposed Statement of Consistency for Approval from Planning Board Page 2 of 56PageCASE 23 - 24 REZONING PETITION CONDITIONAL ZONING REQUEST Petition to rezone 311 acres located at 479B Cornwallis Road in Cleveland Township from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 06E03002D & 06E03003J Owner Brian Gower - Profile Construction , Inc Applicant Profile Construction , Inc Conditional Zoning Request All allowable uses in GB excluding those on the conditions section The Planning Board recommends APPROVAL of the Rezoning request and submits to the Board of Commissioners a proposed Statement of Consistency for adoption along with proposed Conditional Zoning District conditions Fact Sheet includes conditions Planning Board Minutes Application Site Plan Zoning Map Aerial Map Photos Proposed Statement of Consistency for Approval from Planning Board 5 Manager Reports and Comments 6 Board Reports and Comments Page 3 of 56PageNotice of Public Hearing Pursuant to the Johnston County Code of Ordinances , Chapter 18 - Section 18 - 52 , the Johnston County Board of Commissioners will hold a public hearing on Tuesday , January 2 , 2024 at the 6 00 pm meeting , in the Commissioners Meeting Room , Johnston County Courthouse , 207 E Johnston Street , Smithfield , NC 27577 The public hearing will be held immediately following the Public Comment section of the meeting , which begins at 6 00 pm or as soon thereafter as possible The purpose of the public hearing is to receive public comment on the proposed road name of the current NC Hwy 42 , which will be renamed as a result of the North Carolina Department of Transportation's NC Hwy 36 conversion project The location of the proposed road name change is between US 70 BUS in the Clayton area to the Wake County line A new road name is needed to enhance safety and emergency response This segment of NC Hwy 42 located in the unincorporated area of Johnston County is proposed to be changed to Veterans Parkway The public may obtain additional information and maps on this matter through the Johnston County Planning and Zoning Department located at 309 E Market Street , Smithfield , North Carolina between the hours of 8 00 am and 5 00 pm , Monday through Friday , or call 919 - 989 - 5150 Please be advised that the Board may choose to take action on this matter following the public hearing Dana G Cuddington , Clerk Johnston County Board of Commissioners Page 4 of 56PagePage pageNumber5NOTICE OF PUBLIC HEARING The Johnston County Board of Commissioners will conduct Rezoning Petition Application Public Hearings for the following cases on Tuesday , January 2 , 2024 at their 6 00 pm meeting After each rezoning case is heard , the rezoning public hearing , which is a legislative hearing , will be recessed and the Board will render a decision These hearings will be held in the Commissioners Meeting Room located in the Johnston County Courthouse at 207 E Johnston Street , Smithfield , North Carolina If there are any citizens that would like to address the Board regarding any of the cases listed below but have concerns with physically attending the meeting , please email those concerns to Clerk to the Board Dana Cuddington at danacuddington @ johnstonnccom or call 919 989 - 5100 The meeting will be live streamed through YouTube at https wwwyoutubecom jocogovnc CASE 23 - 22 Rezoning Petition Petition to rezone 213 acres located at 100 & 104 Skyline Drive in the Pleasant Grove Township from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 13C03047J & 13C03047I Owner DKY Properties , LLC Applicant George Barnes - Glandon Forest Equity Conditional Zoning Request Commercial Retail Dollar General Store CASE 23 - 23 Rezoning Petition Petition to rezone 40 acres located at 1921 Polenta Rd in the Cleveland Township from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 06G06016I Owner Michael & Bethany Chapin Applicant Blake Gotliffe Conditional Zoning Request Wedding and Events venue CASE 23 - 24 Rezoning Petition Petition to rezone 311 acres located at 479B Cornwallis Rd in the Cleveland Township from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 06E03002D & 06E03003J Owner Brian Gower - Profile Construction , Inc Applicant Profile Construction , Inc Conditional Zoning Request All allowable uses in GB excluding those on the conditions section The public may obtain additional information on the above rezoning cases through the Johnston County Planning and Zoning Department located at 309 E Market Street , Smithfield , North Carolina between the hours of 8 00 am and 5 00 pm , Monday through Friday , or call 919 - 989 - 5150 RS " Butch " Lawter , Jr , Chairman Johnston County Board of Commissioners Page 5 of 56PagePage pageNumber6FACT SHEET CONDITIONAL ZONING CASE 23 - 22 Rezoning Petition Petition to rezone 213 acres located at 100 & 104 Skyline Drive in the Pleasant Grove Township from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 13C03047J & 13C03047I Owner DKY Properties , LLC Applicant George Barnes - Glandon Forest Equity Conditional Zoning Request Commercial Retail Dollar General Store … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Utilities & Services ? 50 210 Fire District and Rescue Squad … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Existing and Surrounding Land Uses Zoning ? Existing Land Use Zoned Agricultural Residential AR and is used for those purposes ? Surrounding Land Uses Zoned AR and used for residential and agricultural purposes Zoned I2 - SUD and used for a solar farm … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Traffic Concerns ? Traffic count for this portion of NC Highway 210 is 8,600 vpd 2021 This portion of NC Highway 210 appears on the Comprehensive Transportation Plan as an existing boulevard needing improvement … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Land Use Plan ? This area is located within a " Low Density Residential " future land use Placetype on the County's Envision Johnston Comprehensive Land Use Plan … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Staff Comments and Recommendation ? Number of notices sent 16 STAFF RECOMMENDATION Approval , based on the need for the requested use and conditions proposed … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Planning Board ? Seven people spoke with concerns Planning Board Recommendation The Planning Board RECOMMENDS DENIAL of the rezoning for Case 23 - 22 … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Consistency Statement This request is consistent with the Envision Johnston Comprehensive Land Use Plan section LU - 2 It states that in select locations , consider allowing compact communities as an option based on a request from Page 6 of 56PagePage pageNumber7applicants Commercial development in unincorporated areas , may consist of retail , restaurants , services , and office uses that serve the population of the immediate area Also , in the Vision area of the plan , it states that rural businesses and home based businesses may be a part of the mix of uses in an agricultural area Conditional Zoning Applicant Questions 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant The proposed site will be constructed to promote adequate traffic flow , stormwater conveyance , attenuation , and treatment in accordance with all applicable regulations Proposed landscape areas will increase the aesthetics of the project parcels Proposed use will provide a point of retail that local residences can use to purchase everyday necessities , thus improving their ease of access to items such as food , personal products , and home goods 2 That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant The project is located in a rural area If this project is approved and constructed , residents of the surrounding community will have a significantly lower cost associated with travel to purchase retail goods such as food , personal items , and home goods 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant The proposed development is located at an existing intersection and proposes access off of a secondary roadway Operation of this development will provide means of employment for the staff that will be hired It is likely that staff will be hired locally Landscape buffers will be maintained on all property boundaries 4 That the use or development conforms with general plans for the physical development of the County's Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant The property is located in a Tier 2 priority investment area Future land use for the surrounding area has been noted as Low Density residential The development will serve existing and future families in this area by providing them with a convenient retail opportunity Proposed Conditional Zoning District Information 1 Please Provide the purpose of the district , a project narrative , and a list of proposed land uses to be allowed within the conditional zoning district Applicant Proposed District General Business conditional Allowed use - Retail Facility - Dollar General The proposed development consists of a 12,480 sf retail Dollar General store Associated landscape buffers , driveway , parking areas , sidewalks , and stormwater control measures are proposed in association with the proposed retail store Two existing residential parcels will be recombined and rezoned to be used for this development Both parcels currently have a mobile home on site Both mobile homes will be removed prior to construction 2 Conditions to apply to the conditional zoning district Within a Conditional Zoning District , additional conditions and requirements may be added which may assist in mitigating the impacts the development may have on the surrounding Page 7 of 56PagePage pageNumber8community and the environment Staff , the Planning Board , and Board of Commissioners may propose additional conditions during the review process Please list any conditions that you propose , as the applicant , below Applicant Allowed use will be a Dollar General Store Conditions 1 Permitted Uses Dollar General Retail Store 2 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 3 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 4 Must comply with all traffic improvements as required by NCDOT 5 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 6 Installation of a Class B Buffer along zoning lines 2 large trees , 3 small trees , and 9 shrubs per 100 linear feet A natural vegetative buffer may be used in lieu of the Class B buffer if it is equally or more intense 7 Hours of Operation Monday through Sunday , 7 00am to 11 00pm 8 Signage must comply with sign code Sec 14 - 509 9 A comprehensive site plan shall be submitted for review and approval in accordance with Johnston County Land Development Code , Article V Page 8 of 56PagePage pageNumber9Planning Board Minutes Case 23 - 22 November 21 , 2023 Rezoning Case 23 - 22 Rezoning Petition Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 13C03047J & 13C03047I Owner DKY Properties , LLC Applicant George Barnes - Glandon Forest Equity Location 213 acres located at 100 & 104 Skyline Dr in the Pleasant Grove Township Conditional Zoning Request Commercial Retail Dollar General Store Mr Newton introduced the case and referenced the information listed above Mr Newton reviewed the traffic count for this portion of NC HWY 210 as of 2021 and stated that it was an existing boulevard needing improvement Mr Newton reviewed two of the proposed conditions , one being the applicant would submit a detailed site plan for review and approval and two the applicant must comply with any required traffic improvements Mr Chris Cox , 104 Twin Oaks Place , Goldsboro , NC , representing the Applicant , stated the particulars of the request and was present to answer any questions from the Board Mr Cox stated that they build Dollar Generals all over eastern North Carolina and this proposed store would be a new prototype store Mr Cox stated that they felt this was a good location to help the community Mr Cox also stated that their Engineer was also in attendance and available to answer any questions Chairman Letchworth asked if they had reviewed the conditions included at the end of the staff report and if they agreed with those conditions Mr Cox stated they agreed to the conditions Chairman Letchworth asked if they had had any discussions with NCDOT about any potential roadway improvements Mr Cox responded that they know there will need to be roadway improvements but they do not have a driveway permit yet Chairman Letchworth asked if they had any anticipation on what those might be Mr Cox responded no Mr Hudson asked about it being a new prototype store and what was different about it from other stores Page 9 of 56Page0Mr Cox responded that it is a bigger store carrying different kinds of merchandise Mr Cox stated it would have a grocery area with fruits and vegetables that some of the older Dollar General stores do not have Chairman Letchworth asked about the design features of the site that would make it compatible with the surrounding land use Mr Cox deferred to the Engineer for response Mr Zach Gardner , Gardner Engineering , Asheboro , NC , stated that the majority of the surrounding land uses were residential and a bit of a drive from larger retail centers Mr Gardner stated that it would give the residents in the community a quick commute to get everyday essential items Mr Gardner stated that they were going to incorporate standard general business district landscape buffers into the project in order to provide a visual screening on all sides of the property Ms Howard asked if there would only be one entrance off White Memorial Church Rd Mr Gardner responded yes Mr Anthony McGill , 16300 NC HWY 210 , Angier , NC , adjacent property owner , distributed to the Board pictures of the topography of the area and a list of signatures from local residents Mr McGill stated that they encourage development but feel this type of development in a residential area is in the wrong location Mr McGill spoke of having school age children and concern for the proposed development that would be only thirty feet from his residence Mr McGill expressed concerns with parking lot noise pollution , as well as odors coming from the trash dump Mr McGill expressed concerns for safety , welfare , and quality of life Mr McGill expressed concerns for traffic and spoke of speed and previous accidents in the area Mr McGill expressed concern for getting out of his driveway Mr McGill stated that they were in a low density residential area Mr McGill also read from the Johnston County Land Development Code regarding general business zoning Mr McGill stated that the list of signatures showed the proposed rezoning was a conflict of interest Mr McGill also referenced the Johnston County Comprehensive Land Use Plan regarding existing neighbors Ms Howard asked Mr McGill about a submitted photo of a Dollar General at 9817 NC HWY 210 and its distance from the subject property Mr McGill responded that there is a Dollar General four miles away from the proposed site location and a super center about twelve miles away Mr McGill stated that they do not want commercial moving into the residential area Ms Coral Enriquez , 144 W Thicket Dr , Angier , NC , resident in a nearby subdivision , expressed concern for a possible increase in crime and referenced a study from DeKalb County , Georgia Ms Enriquez stated that there are three other dollar stores within a five mile radius of the subject property and that there are eleven other dollar stores within a ten mile radius of the subject property Ms Enriquez stated that there are six grocery stores within a five mile radius of the subject property Ms Enriquez stated that she is a commercial real estate investment analyst and that research shows that small box discount retailers decrease the property value of the surrounding neighborhoods Ms Enriquez spoke in opposition of the proposed rezoning Page 10 of 56Page1Ms Howard asked if she should recuse herself There was discussion between Ms Howard and Ms Slusser Upon a motion by Mr Little to recuse Ms Howard from Rezoning Case 23 - 22 , seconded by Mr Hudson , Ms Howard was recused from Rezoning Case 23 - 22 by a unanimous vote of 7 - 0 Ms Enriquez stated that Glandon Forest Equity was also involved with the Dollar General at 9817 NC HWY 210 Mr Jason Wilson , 44 Tucker Farm Circle , Angier , NC , a resident in a nearby subdivision also represented two additional family members , and expressed opposition to the proposed rezoning based on previous testimony Mr Wilson referenced a study by Clemson University regarding the impact on residential property values Mr Wilson spoke about the number of Dollar Generals near the subject property Mr Wilson also referenced a case in Salisbury , NC in 2022 where permitting for a Dollar General was denied based on accident traffics Mr Wilson then spoke of an accident in January 2023 near the subject property Mr Wilson expressed concern for safety and traffic Ms Beth Chisenhall , 475 Cabin Grove Ct , Angier , NC , resident in a nearby subdivision , described the community with mature homes and a mature neighborhood Ms Chisenhall provided a list to the Board of every Dollar General within an eleven mile radius of Raeford Rd and NC HWY 210 and noted that there are other dollar stores within the same radius Ms Chisenhall spoke about other commercial stores in the area and did not see a need for the proposed Dollar General Ms Chisenhall expressed concern for it interrupting the natural surroundings in the area , as well as expressed concern for the impact on home values , possible crime , and lack of infrastructure Ms Chisenhall expressed concern for possible involvement by real estate professionals and developers on the Board of County Commissioners Mr Don Dupree , 146 White Memorial Church Rd , Angier , NC , an adjacent property owner , expressed concern for the site distance at White Memorial Church Rd and NC HWY 210 and shared that his father lost his life at that intersection in 2003 Mr Dupree asked about the one driveway on the proposed site plan Chairman Letchworth gave Mr Dupree a copy of the proposed site plan and stated that there was one driveway proposed Mr Dupree stated that there is still a problem at the location with site distance and speed of traffic Mr Dupree stated that tractor trailers now use the road more Mr Dupree spoke in opposition of the proposed rezoning Mr Dupree spoke about Skyline Dr that goes behind the subject property and is currently used to access the subject property Mr Dupree requested that anything that goes on the subject property use the existing access rather than creating another driveway because the distance between NC HWY 210 and Skyline Dr is a short distance Mr Dupree spoke about the traffic build up on NC HWY 210 when buses are stopped at Skyline Dr Ms Merari Vega , 40 Terrace Ridge Dr , Angier , NC , resident in a nearby subdivision , spoke in opposition of the proposed rezoning and did not feel that it would improve the community Ms Vega expressed concern for increased traffic and noise , as well as the proposed hours of operation Page 11 of 56Page2Mr Matthew Cary , 88 Old Cabin Ct , Angier , NC , resident in a nearby subdivision , stated that he moved into his home to get away from Holly Springs , Fuquay , and Apex Mr Cary stated he was employed at a nearby Dollar General and spoke about the amount of theft occurrences in one year Mr Cary expressed concern for the possible impact on the neighborhood and community , as well as the potential for possible crime Mr Cary expressed concern for the amount of Dollar Generals in the area Mr Dupree stated that around 2004 NCDOT lowered the grade on NC HWY 210 at the intersection at the subject property and the current owner refused to give NCDOT a temporary construction easement in order to lower the grade sufficient to eliminate the sight distance Chairman Letchworth asked Mr Cox about compatibility with existing and surrounding land uses and specific measures relative to increasing compatibility with the surrounding land uses Mr Cox stated that it appeared the community was not in favor of the proposed project Mr Cox asked if the opposition was because it was disclosed as a Dollar General or if the opposition was for the commercial property rezoning Mr Cox stated that they had done everything they could for it to fit into the community Chairman Letchworth asked if Mr Cox had reviewed the conditions included at the end of the staff report and if he agreed with those conditions Mr Cox confirmed agreement to the conditions There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Newton provided a staff recommendation of approval based on the need for the requested use and conditions proposed and presented a draft statement of consistency for consideration Staff Recommendation Approval Upon a motion by Mr Little to deny Rezoning Case 23 - 22 based on the proposed rezoning not being compatible with the surrounding area and based on the concern for traffic safety , seconded by Mr Hudson , Rezoning Case 23 - 22 was recommended for denial by a unanimous vote of 6 - 0 at the November 21 , 2023 Planning Board Meeting Rezoning Case 23 - 22 will be heard by the Board of County Commissioners at their January 2024 meeting Page 12 of 56Page3Conditions 1 Permitted Uses Dollar General Retail Store 2 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 3 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 4 Must comply with all traffic improvements as required by NCDOT 5 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 6 Installation of a Class B Buffer along zoning lines 2 large trees , 3 small trees , and 9 shrubs per 100 linear feet A natural vegetative buffer may be used in lieu of the Class B buffer if it is equally or more intense 7 Hours of Operation Monday through Sunday , 7 00am to 11 00pm 8 Signage must comply with sign code Sec 14 - 509 9 A comprehensive site plan shall be submitted for review and approval in accordance with Johnston County Land Development Code , Article V There was a brief five minute break Page 13 of 56Page4Page 14 of 56Page5Page 15 of 56Page6Page 16 of 56Page7Page 17 of 56Page8 DISCLAIMER Johnston County assumes no legal responsibility for the information represented here Scale 1 6334 - 1 in 52782 feet Johnston County GIS The scale is only accurate when printed landscape on a 8 1 2 x 11 size sheet with no page scaling November 13 , 2023 Powered by TCPDF wwwtcpdforg Page 18 of 56Page9 DISCLAIMER Johnston County assumes no legal responsibility for the information represented here Scale 1 6334 - 1 in 52782 feet Johnston County GIS The scale is only accurate when printed landscape on a 8 1 2 x 11 size sheet with no page scaling November 13 , 2023 Powered by TCPDF wwwtcpdforg Page 19 of 56Page023 - 22 Page 20 of 56Page1RESOLUTION FOR CASE NUMBER 23 - 22 RESOLUTION DENYING A ZONING AMENDMENT AND ADOPTING A STATEMENT OF CONSISTENCY REGARDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 160D - 605 , prior to adopting or rejecting a zoning amendment , the governing board is required to adopt a statement approving or rejecting the zoning amendment and describe if the amendment is consistent or inconsistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ; WHEREAS , the Johnston County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for parcel identified as tax ID 13C03047J AND 13C03047I located at 100 and 104 Skyline Drive in Pleasant Grove Township , from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is inconsistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to approve the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates , and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is inconsistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a LU - 2 of the land use plan states that commercial development should be concentrated in identified activity nodes of which this location is not identified as such 2 This Board finds and determines that it is not reasonable and not in the public interest to approve the proposed amendment because a Concerns over lack of line of sight at the intersection of White Memorial Church Road and NC 210 Hwy , and the relative short stem that would occur to the proposed site access from NC 210 Hwy along White Memorial Church Road may contribute to higher rates of traffic accidents 3 This Board denies the proposed zoning amendment from Agricultural Residential to General Business - Conditional Zoning Adopted this the 2nd day of January , 2024 ATTEST BOARD OF COMMISSIONERS FOR THE COUNTY OF JOHNSTON _____________________________ By ____________________________ Dana G Cuddington , Clerk to the Board RS " Butch " Lawter , Jr , Chairman Page 21 of 56Page2FACT SHEET CONDITIONAL ZONING CASE 23 - 23 Rezoning Petition Petition to rezone 40 acres located at 1921 Polenta Rd in the Cleveland Township from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 06G06016I Owner Michael & Bethany Chapin Applicant Blake Gotliffe Conditional Zoning Request Wedding and Events venue … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Utilities & Services ? McLemore Fire District and CNS Rescue Squad Existing and Surrounding Land Uses Zoning Existing Land Use Zoned AR used for agricultural and residential purposes ? Surrounding Land Uses Zoned AR and used for agricultural and residential purposes and a High School … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Traffic Concerns ? Traffic count for this portion of Polenta Road is not available ? This portion of Polenta Road does not appear on the Comprehensive Transportation Plan as needing improvement … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Land Use Plan ? This area is located within a " Low Density Residential " future land use Placetype on the County's Envision Johnston Comprehensive Land Use Plan … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Additional Information ? Number of notices sent 5 STAFF RECOMMENDATION Approval , based on the following consistency statement Planning Board ? Three people spoke with concerns Planning Board Recommendation The Planning Board RECOMMENDS APPROVAL of the rezoning for Case 23 - 23 … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Consistency Statement This request is consistent with the Envision Johnston Comprehensive Land Use Plan section LU - 2 It states that in select locations , consider allowing compact communities as an option based on a request from applicants Commercial development in unincorporated areas , may consist of retail , restaurants , services , and office uses that serve the population of the immediate area Also , in the Vision area of the plan , it states that rural businesses and home based businesses may be a part of the mix of uses in an agricultural area … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Conditional Zoning Applicant Questions Page 22 of 56Page31 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant Changes we will make will not affect the neighboring properties in a negative way in regards to public health , safety , and welfare Parking will be designed for safe entrance and exit off of Polenta Rd We will limit and monitor alcohol consumption by all guests that are driving 2 That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant We will improve the landscaping but plan to maintain the historic house as is The property is very large to maintain as a residence It is also across from the school , making it unappealing as a residence Our venue will bring more beauty to the area 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant We will maintain the character of the neighborhood because we will not make changes to the home We will prevent an additional small development from being constructed here or an unattractive commercial business The growing area needs a high end wedding venue that will provide jobs and keep money in Johnston County 4 That the use or development conforms with general plans for the physical development of the County's Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant As the county grows , we are in need of more event venues We are preserving a piece rd of Johnston County history , its 3 oldest home The rezoning also falls in line with the Envision Johnston plan by adding a hybrid land use of event venue sit down restaurant agricultural retail … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Proposed Conditional Zoning District Information 1 Please Provide the purpose of the district , a project narrative , and a list of proposed land uses to be allowed within the conditional zoning district Applicant The purpose of the district is a wedding and events venue We will construct a 5,000 sq ft ball room behind the home , complete with elegant hardscapes and landscaping Install a large impervious patio , new septic system , natural parking area , extensive landscaping , and minor home interior impervious remodel New septic plan application is pending 2 Conditions to apply to the conditional zoning district Within a Conditional Zoning District , additional conditions and requirements may be added which may assist in mitigating the impacts the development may have on the surrounding community and the environment Staff , the Planning Board , and Board of Commissioners may propose additional conditions during the review process Please list any conditions that you propose , as the applicant , below Applicant Limiting hours of operation - events will follow county noise ordinances and will end by 11 pm Events will mostly be held on nights and weekends Buffering with neighbors - maintain the current wooded buffers and enhance buffers with berms and evergreens Parking entrance will not affect Polenta Rd school traffic because there is already Page 23 of 56Page4a turn lane Avoid impervious surfaces greater than 17,000 sf New septic plan application is pending and will be completed before hearings Conditions 1 Land use restricted to wedding and events venue Proposed by applicant 2 The development shall conform to all requirements of the Johnston County Land Development Code 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Lighting shall be engineered dark sky down - lighting so as not to shine onto adjacent properties 5 Hours of operation Monday - Sunday 12 pm - 11pm proposed by applicant 6 All parking off - street Proposed by applicant 7 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 8 Installation of at least a Class B buffer along all rezoning boundaries lines 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Existing vegetation may be used 9 All signage must comply with the Johnston County sign ordinance 10 Environmental Health regulations must be adhered to for any food preparation or sales 11 Strict compliance with the Johnston County Noise Ordinance 12 Avoid impervious surfaces greater than 17,000 sf Proposed by applicant 13 New septic plan application Proposed by applicant 14 NCDOT driveway permit required Page 24 of 56Page5Planning Board Minutes Case 23 - 23 November 21 , 2023 Rezoning Case 23 - 23 Rezoning Petition Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 06G06016I Owner Michael & Bethany Chapin Applicant Blake Gotliffe Location 40 acres located at 1921 Polenta Rd in the Cleveland Township Conditional Zoning Request Wedding and Events venue Mr Newton introduced the case and referenced the information listed above Mr Newton stated surrounding land uses and zonings Mr Alsey Gilbert , 442 - 1 2 E Main St , Clayton , NC , Surveyor , representing the Applicant , stated the particulars of the request and was present to answer any questions from the Board Mr Gilbert stated that the applicant , Blake Gotliffe , is the owner of Under the Oak in Smithfield and the primary reason for the rezoning request was for catering with the possibility of occasional weddings and events Mr Gilbert stated that the proposed parking lot off of Polenta Rd would have to be moved due to septic and would most likely come off of Indian Camp Rd Mr Gilbert stated that the septic was for about 180 people , but the applicant intended to limit events to about 75 - 80 people Mr Lovering asked about the possible location of the new driveway Mr Gilbert responded that the new driveway would be sitting about where it was at now because the southern portion of the outdoor venue area was where parking would now be and the repair area was where the proposed septic was on the preliminary site plan Chairman Letchworth stated that regardless there would not be a driveway off of Polenta Rd Mr Gilbert confirmed other than the existing one that would remain , the circular driveway in front of the house Mr Gilbert also stated that there was an existing driveway on Indian Camp Rd Chairman Letchworth stated that everything would flow in and out of the existing driveway on Indian Camp Rd Mr Gilbert confirmed Chairman Letchworth asked if they had reviewed the conditions included at the end of the staff report and if they agreed with those conditions Mr Gilbert confirmed agreement to the conditions Page 25 of 56Page6Mr Blake Gotliffe , 1126 Ridge Dr , Clayton , NC , Applicant , was present to answer any questions from the Board Chairman Letchworth asked if Mr Gotliffe had reviewed the conditions included at the end of the staff report and if he agreed with those conditions Mr Gotliffe confirmed agreement to the conditions Mr Terry Click , 1977 Polenta Rd , Clayton , NC , adjacent property owner , expressed concerns for noise , property values , and runoff due to his shallow well about 60 feet from the property line Mr Click spoke about working outside during the evenings and weekends Chairman Letchworth stated that there would be a Class B buffer along the property line to include two large trees , three small trees , and nine shrubs every one hundred linear feet Chairman Letchworth stated that Mr Gilbert did speak about the parking lot being moved to the east side so there would not be parking along Mr Click's property line Chairman Letchworth reviewed conditions relevant to the noise concern , including proposed conditions concerning hours of operation and strict compliance with the Johnston County Noise Ordinance Mr Click stated that he was concerned about having a shallow well near the subject property Mr Little asked about unimproved parking and if the parking area would be paved Mr Gilbert responded that the main thing would be catering and catering events and the parking area would not be paved Mr Gilbert stated that it would be grass parking like a church Mr Little stated that he was trying to address Mr Click's concerns Mr Click stated that the property slopes away from the subject property towards his property so when there are large runoffs it runs across his property Mr Gilbert responded that there shouldn't be anything more than what is there now Mr Gilbert stated that it was not everyday , it is the occasional wedding and catering event Mr Gilbert stated that they are not increasing the impervious area Mr Teddy Johnson , 1997 Indian Camp Rd , Clayton , NC , a nearby property owner , stated the previous owner of the subject property had given him an electrical easement and he wanted to make sure that was not impacted Mr Gilbert stated the easement would remain with no changes Mr Johnson pointed out the location of the easement Ms Phyllis Johnson , 1995 Indian Camp Rd , Clayton , NC , adjacent property owner , expressed concerns for the close proximity of her home to the revised proposed parking area and wanted to Page 26 of 56Page7know more about the plans for the venue Ms Johnson spoke about traffic and events at the school across Polenta Rd Chairman Letchworth stated there would be a vegetated buffer along the adjoining property line to Ms Johnson's property to include two large trees , three small trees , and nine shrubs every one hundred linear feet Ms Johnson expressed concern for the traffic in the area Mr Gotliffe stated appreciation for the expressed concerns Mr Gotliffe stated that weddings would be on Friday , Saturday , Sunday evenings after school gets out Mr Gotliffe stated that they would look to not schedule Friday night weddings during football season Mr Gotliffe stated that he did not think traffic would be an issue during operation hours on weekends Chairman Letchworth stated that there appeared to be quite a bit of distance between the parking lot and the southern property line with a dimension of about 130 feet Mr Gotliffe pointed out the proposed parking lot and septic areas on the preliminary site plan Mr Lovering asked Mr Gotliffe if he lived on the subject property Mr Gotliffe responded no and that they were under contract to purchase the property Mr Lovering asked if it was a historical home in Johnston County Mr Gotliffe stated that the home had never been registered Mr Hudson asked about it being the third oldest in the county Mr Gotliffe responded that was his understanding and they plan to keep the home Ms Johnson spoke about their fence line and adjoining property line on two sides of the subject property Ms Johnson asked about the buffer Chairman Letchworth responded yes , a buffer would be on both sides of the subject property adjoining Ms Johnson's property There was no further discussion Mr Newton requested since there were modifications to the preliminary site plan that a revised site plan be provided and give opportunity for review Chairman Letchworth asked if Mr Newton was requesting the Board to table this Rezoning Case Mr Newton stated that would be the preference if the applicant was agreeable but that it was up to the purview of the Board Page 27 of 56Page8Mr Gotliffe spoke from the audience Mr Newton stated that the conditional zoning if approved was contingent on the site plan so it was site plan specific Mr Newton stated that he was not sure if there were enough details about the relocation of the parking , the septic , and the repair area to make an informed decision Mr Little asked if what had been said would change Mr Newton's decision Mr Newton responded that the preference was to see the revised preliminary site plan to see the parking area even with unimproved parking to see how that would look and approach into the parking area and impact on oncoming traffic along Polenta Rd or potentially Indian Camp Rd Mr Gotliffe spoke from the audience Mr Sasser asked Mr Gotliffe for his closing date Mr Gotliffe spoke from the audience Chairman Letchworth asked if it would be acceptable for the applicant to submit a new site plan before it goes to the Board of County Commissioners Mr Newton stated that would be acceptable but the Planning Board may be basing their action on something that may be quite different than what they currently understand Chairman Letchworth asked for the staff recommendation Mr Newton provided a staff recommendation of approval and presented a draft statement of consistency for consideration Staff Recommendation Approval Upon a motion by Mr Little to approve Rezoning Case 23 - 23 with the condition that a revised site plan be submitted prior to review by the Board of County Commissioners and that the revised site plan be consistent with the presentation and testimony received at the November 21 , 2023 Planning Board Meeting , seconded by Mr Hudson , Rezoning Case 23 - 23 was recommended for approval by a unanimous vote of 7 - 0 at the November 21 , 2023 Planning Board Meeting Rezoning Case 23 - 23 will be heard by the Board of County Commissioners at their January 2024 meeting Page 28 of 56Page9Page 29 of 56Page0Page 30 of 56Page1Page 31 of 56Page2Page 32 of 56Page3 DISCLAIMER Johnston County assumes no legal responsibility for the information represented here Scale 1 6334 - 1 in 52782 feet Johnston County GIS The scale is only accurate when printed landscape on a 8 1 2 x 11 size sheet with no page scaling November 14 , 2023 Powered by TCPDF wwwtcpdforg Page 33 of 56Page423 - 23 Ortho 01 24 2023 - 02 24 2023 Page 34 of 56Page523 - 23 Page 35 of 56Page6RESOLUTION FOR CASE NUMBER 23 - 23 RESOLUTION APPROVING A ZONING AMENDMENT AND ADOPTING A STATEMENT OF CONSISTENCY REGARDING AN ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 160D - 605 , prior to adopting or rejecting a zoning amendment , the governing board is required to adopt a statement approving or rejecting the zoning amendment and describe if the amendment is consistent or inconsistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ; WHEREAS , the Johnston County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for parcel identified as tax ID 06G06016I located at 1921 Polenta Road in Cleveland Township , from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to approve the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates , and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a Rural businesses may be a part of the mix of uses in developing residential areas 2 This Board finds and determines that it is reasonable and in the public interest to approve the proposed amendment because a The conditional zoning allows for a land use that provides community based service , and ; b The request is reasonable and in the public interest in that the prescribed land use , if developed in accordance with regulatory standards , is not a detriment to public safety nor does it create a public nuisance 3 This Board approves the proposed zoning amendment from Agricultural Residential to General Business - Conditional Zoning Adopted this the 2nd day of January , 2024 ATTEST BOARD OF COMMISSIONERS FOR THE COUNTY OF JOHNSTON _____________________________ By ____________________________ Dana G Cuddington , Clerk to the Board RS " Butch " Lawter , Jr , Chairman Page 36 of 56Page7FACT SHEET CONDITIONAL ZONING CASE 23 - 24 Rezoning Petition Petition to rezone 311 acres located at 479B Cornwallis Rd in the Cleveland Township from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 06E03002D & 06E03003J Owner Brian Gower - Profile Construction , Inc Applicant Profile Construction , Inc Conditional Zoning Request All allowable uses in GB excluding those on the conditions section … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Utilities & Services ? McLemore Fire District and CNS Rescue Squad … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Existing and Surrounding Land Uses Zoning ? Existing Land Use Zoned Agricultural Residential AR and is used for those purposes ? Surrounding Land Uses Zoned AR and used for residential and agricultural purposes and a church … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Traffic Concerns ? Traffic count for this portion of Cornwallis Rd is 3,400 vpd 2021 This portion of Cornwallis Rd appears on the Comprehensive Transportation Plan as an existing boulevard needing improvement … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Land Use Plan ? This area is located within a " Low Density Residential " future land use Placetype on the County's Envision Johnston Comprehensive Land Use Plan … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Staff Comments and Recommendation ? Number of notices sent 5 ? Road improvements will be required by NCDOT depending on proposed use and traffic generated STAFF RECOMMENDATION Denial , based on the inconsistency with the Comprehensive Land Use Plan and wide range of uses that this request could entail This request is not consistent with the Envision Johnston Comprehensive Land Use Plan in that it is in a Low Density Residential area and not in close proximity to any activity nodes It also conflicts with LU - 2 of the Envision Johnston Plan that recommends to " Discourage " strip " commercial development , particularly that which adds local vehicular trips to major arterials and exacerbates increasing traffic congestion " Planning Board ? No one spoke with concerns Planning Board Recommendation The Planning Board RECOMMENDS APPROVAL of the rezoning for Case 23 - 24 … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Conditional Zoning Applicant Questions 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the Page 37 of 56Page8public health , safety , and general welfare ; Applicant The site will provide one commercial building to house tenants such as electrical , HVAC , plumbing , and lawn care which serve the surrounding residential areas 2 That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant The tenants of the proposed buildings will provide services to the surrounding communities which are in high demand , such as electrical , HVAC , plumbing , and lawn care 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant The development will be designed in accordance with Johnston County LDO as to keep in character with the neighborhood and existing residents 4 That the use or development conforms with general plans for the physical development of the County's Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant The proposed zoning is consistent with the current land use plan This site is located within the Primary Growth Area and also lies between two Regional Centers … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Proposed Conditional Zoning District Information 1 Please Provide the purpose of the district , a project narrative , and a list of proposed land uses to be allowed within the conditional zoning district Applicant The purpose of this development is to provide commercial building in the community to house various trades that the community uses , such as electrical , HVAC , plumbing , and lawn care 2 Conditions to apply to the conditional zoning district Within a Conditional Zoning District , additional conditions and requirements may be added which may assist in mitigating the impacts the development may have on the surrounding community and the environment Staff , the Planning Board , and Board of Commissioners may propose additional conditions during the review process Please list any conditions that you propose , as the applicant , below Applicant ? Proposed uses See attached ? Building footprints shown on the site plan are subject to change with the changes being limited to no more than 20 reduction in gross building area and no more than 10 increase in building area ? Type B Landscape buffers in accordance with Johnston County LDO ? The development shall conform to all requirements of the Johnston County Land Development Code ? Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department staff ? All signage shall comply with the Johnston County sign code Page 38 of 56Page9? All buildings and or structures must comply with rules enforced by Federal , State and local agencies ? Provide an approved driveway permit … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Conditions 1 The following uses shall be permitted Building material supplies - retail sales , Business - office , Business - wholesale , Contractors office with storage yard , Government use facility , HVAC shop , Plumbing - Heating supply offices storage area Proposed by applicant 2 Hours of operation shall be 7 am until 7 pm Monday - Saturday 3 Building footprints shown on the site plan are subject to change with the changes being limited to no more than 20 reduction in gross building area and no more than 10 increase in building area Proposed by applicant 4 Lighting will be down lighting so as not to shine onto adjacent properties and to minimize glare 5 NCDOT driveway permit must be obtained along with any roadway improvements 6 The development shall conform to all requirements of the Johnston County Land Development Code 7 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 8 A Class B landscape buffer shall be installed along all rezoning lines Existing vegetation may be used 9 All signage shall comply with the Johnston County sign code 10 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies Page 39 of 56Page0Planning Board Minutes Case 23 - 24 November 21 , 2023 Rezoning Case 23 - 24 Rezoning Petition Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 06E03002D & 06E03003J Owner Brian Gower - Profile Construction , Inc Applicant Profile Construction , Inc Location 311 acres located at 479B Cornwallis Rd in the Cleveland Township Conditional Zoning Request All allowable uses in GB excluding those on the conditions section Mr Newton introduced the case and referenced the information listed above Mr Newton stated surrounding land uses and zonings Mr Newton stated that NCDOT would require road improvements depending on the proposed use and traffic generated Mr Newton stated that this request was before the Board previously but had been withdrawn Mr Carlos Bagley , 63 Watkins Rd , Clayton , NC , representing the Applicant , stated the particulars of the request and was present to answer any questions from the Board